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AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
August 01, 2023
How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?
Automating Onboarding and Offboarding Is Key to Legal Industry Transformation
August 01, 2023
Automate Onboarding & Offboarding Processes for Smoother Transitions Questions about the role of AI in the legal market continue to dominate current headlines, but firm consolidation remains a big part of the transformation the industry is undergoing. And yes, technology and automation are playing key parts in this. As firms merge or acquire others to expand their capabilities and client base, a streamlined approach to attorney onboarding and offboarding has become essential.
Young Partners Should Embrace an Ownership Mentality
August 01, 2023
Firms promote associates to partner and then expect them to "act" like a partner. Acting like a partner is an unclear declaration and can cover a wide range of expectations. One of the most important expectations for these newly minted partners is for them to have an ownership mindset. The mindset of a business owner is not something that comes naturally, nor is it in any way developed through the associate years.
Crypto Winter Leads to Explosion of Regulatory Activity
August 01, 2023
In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
Trend of Smaller and More Efficient Offices Leads To Downsizing
August 01, 2023
Several big law firms have plans to shrink their Washington, DC, offices soon, continuing the legal industry trend of smaller and more efficient offices in the wake of the pandemic and hybrid work arrangements.
Evolution of Pre-Bankruptcy Planning Raises Questions of Good Faith
August 01, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
Cool Your (Data) Jets! Reducing Your Organization's Carbon Footprint with a Data Retention Policy
August 01, 2023
Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they're likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That's right: storing your company's data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
AI Is Coming To Microsoft 365: What You Need to Know
August 01, 2023
For those using Microsoft 365, AI tools are rapidly becoming a reality, as Microsoft has introduced and announced several applications with AI-driven components, including Microsoft Viva, Microsoft Teams Premium, and Microsoft Copilot.
How the Texas Two-Step Changes How Plaintiffs Litigate Mass Torts
August 01, 2023
By enabling defendants to shield themselves from mass tort liability, the "Texas Two-Step" is a new obstacle for plaintiffs pursuing mass tort cases against manufacturers of dangerous products.
The Future of IRS Summonses After Supreme Court 'Poselli' Ruling
August 01, 2023
In Polselli v. Internal Revenue Service, the U.S. Supreme Court unanimously refused to limit the IRS's ability to issue summonses without notice to situations in which it seeks records of accounts in which a delinquent taxpayer has an interest. This article discusses the court's decision, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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